SANJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE discovery of a dead body in a "Ganda Naala" (a polluted culvert), the recovery of a rope, of bedding, and a jeep forms the backdrop of this case. Convicted and sentenced by judgment dated 12.1.2006, passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur, the appellant, Sanjay has approached this court. By the said judgment, the learned Judge has convicted and sentenced the appellant for offences under Sections 302 and 201 IPC. The appellant has been sentenced to life imprisonment, imposed with a fine of Rs.100/ - and directed to further undergo simple imprisonment for fifteen days in default thereof for offence under Section 302 IPC. For offence under Section 201 IPC, he has been sentenced to five years simple imprisonment, imposed with a fine of Rs.100/ - and to further undergo simple imprisonment for fifteen days in default thereof. Both the sentences are to run concurrently.

(2.) BRIEFLY , the facts of the case are that on 24.7.2003, Hanuman (P.W.1) submitted a report to Hakim Singh (P.W.2), SI, Police Station Sanganer Sadar wherein he claimed that "he is a resident of Bagwali Dhani in Village Govindpura. A dirty culvert ('ganda nala') passes near their Dhani (hamlet)., Today, on 24.7.2003, around 7.30 AM, few kids came and informed him that there is a dead body of a woman lying in the culvert. When he went to the culvert, he saw a dead body of woman who appeared to be Hindu, and appeared to be twenty -two years old. I had informed the police over the telephone. I am submitting this report so that legal action can be taken". Hakim Singh (P.W.2) sent the said report, through Mal Singh, to the Police Station. On the basis of this report (Ex.P.1), the police chalked out a Mrig FIR, namely Mrig FIR No.18/2003, under Section 174 Cr.P.C. and started the investigation. An examination of dead body of the unknown body revealed that there were ligature marks on her neck and an injury on her forehead. Her tongue was caught between the teeth. It appeared that somebody had killed her. And in order to destroy the evidence, someone had left her body in the culvert. During the course of investigation, persons living around the culvert were questioned. They merely told the police that some unknown person(s) had killed a woman and dumped the dead body in the night of 24.7.2003. Subsequently, on 25.7.2003, a formal FIR (Ex. P.18), namely FIR No.224/2003 was registered for offences under Sections 302 and 201 IPC, and investigation commenced.

(3.) IN order to discover the relatives of the dead woman, wireless messages were sent to different police stations and news was published in different newspapers. Her body was kept in a deep freezer at the Mahatma Gandhi Hospital. Since no progress was made in discovering her relatives, after conducting the post -mortem, the body was handed over to the Municipal Council, Jaipur for cremating the said body. The photographs of the dead body were published in the local newspapers and flashed on television.